YASHPAL ARORA vs New India Co-op. Bank Ltd.

THIS application is being disposed of at the stage of its admission itself on perusal of the material available in the Revision paper book and on hearing the learned Advocates for the parties as above.

THE appellant is org. complainant in the above complaint, which is pending on the file of South Mumbai District Forum. The complaint has been filed by the applicant-complainant alleging fraud in respect of payments made by the O.P.-Bank from his account with it, under the cheques which he alleged were forged as the same were not signed by him.

The O.P. Bank filed its say in response to the process issued by the District Forum denying there being fraud and it is noticed it filed the report of Private Handwriting Expert in support thereof.

ON these backgrounds, complainant moved an application requesting District Forum that matter be referred to the Government Handwriting Expert and opinion sought, in respect of cheques in question, which application was rejected by the District Forum vide its order dated 22nd April, 2003 which is subject matter of Revision herein. On perusal of the said order the main factor which persuaded the District Forum to reject the application was that application was made at the belated stage and this aspect was highlighted in vehemence by and on behalf of the opposite party. The order also mentions O.P. having already obtained the opinion of Handwriting Expert Shri Mahesh Wagh, which was also placed before it and, therefore, District Forum thought unnecessary to entertain application of the complainant.

WHEN the complainant has moved the application which, obviously under Section 13(4) of Consumer Protection Act, 1986, District Forum should have considered the same in a proper perspective as it deserves on the face of allegation of fraud made by the complainant. Further factor was that the opposite party had relied upon the Report of Handwriting Expert of its choice, who is Private Expert and, therefore, in order to have effective and proper adjudication of the issues involved, as also in interest of justice should have allowed the application. We, therefore, do not find there being any convincing reasons assigned by the District Forum in rejecting the application and we are of the view that in interest of justice and fair play, the complainant should be given an opportunity to have the issue in the matter properly and effectively adjudicated. With that view of the matter, we allow this Revision and pass the order as under: ORDER 1. Revision Application is allowed and the order being dated 22.4.2003 is set aside. 2. We direct the South Mumbai District Forum that it shall allow the application of the complainant and refer the matter to the Government Handwriting Expert, which is Competent Authority and seek its opinion. 3. District Forum shall order and direct the Bank to produce alleged original cheques for being forwarded to the Handwriting Expert, along with undisputed signature of the complainant. 4. With this Revision Application herein stands disposed of. 5. No order as to costs. 6. Copies to be furnished to the parties.

Revision allowed.